UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Notice of Proposed Rulemaking

for the

California State Implementation Plan

California Air Resources Board (CARB)

Regulation for Reducing Emissions From 

Consumer Products

California Code of Regulations 

Title 17, Division 3, Chapter 1

Subchapter 8.5 Consumer Products

Article 2 Consumer Products

Prepared by: Stanley Tong

October 25, 2010
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RULE IDENTIFICATION -

Agency: California Air Resources Board (CARB)

Submitted Rule: California Code of Regulations Title 17, Division 3, Chapter 

1, Subchapter 8.5 - Consumer Products; 

Article 2 – Consumer Products

Hearing Amended Submitted to EPA

June 26, 2008 May 5, 2009 February 16, 2010

SIP Approved Rule:

Hearing Amended Submitted to EPA

November 17, 2006 September 26, 2007 March 27, 2008

Approved into the SIP November 4, 2009 (74 FR 57075)

RULE BACKGROUND -

The California Health and Safety Code (Section 41712(b)) requires the California Air 

Resources Board (CARB) to adopt regulations to achieve the maximum feasible 

reduction in volatile organic compounds (VOC) emitted by consumer products if the 

state board determines:

(1) The regulations are necessary to attain state and federal ambient air quality 

standards.

(2) The regulations are commercially and technologically feasible and necessary.

CARB’s consumer products regulations are found under the California Code of 

Regulations Title 17 Chapter 1 Subchapter 8.5 and include:

Article 1 – Antiperspirants and Deodorants

Article 2 – Consumer Products

Article 3 – Aerosol Coating Products

Article 4 – Alternative Control Plan

Article 5 – Hairspray Credit Program

The current submittal involves amendments to Article 2, CARB's general Consumer 

Products regulation. CARB estimates these amendments will achieve 4.5 tons per day

(tpd) of VOC reductions towards a 2007 SIP commitment of 30-40 tons per day of VOC 

reductions from consumer products by January 1, 2014.1 CARB is working on 

additional amendments to achieve the remainder of the 2007 SIP commitment.

 

1 CARB's May 2008 Initial Statement of Reasons estimates 5.76 tons per day of VOC 

reductions would be achieved by the regulation when fully effective. Because some 

product categories have effective dates beyond 2014, the actual amount attributable to the 

2007 SIP commitment is 4.5 tpd out of the 5.76 tpd total reduction.
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RULE SUMMARY –

On February 16, 2010, CARB submitted amendments to their statewide Consumer 

Products regulation for inclusion into the SIP. These amendments were presented at 

CARB's June 26, 2008 Board Hearing and set new or lower VOC limits affecting 19

consumer product categories, including eight new categories (astringent/toner, fabric 

softener – single use dryer product, floor maintenance product, vehicle wash, odor 

remover/eliminator, pressurized gas duster, tire or wheel cleaner, and windshield water 

repellent). CARB also amended the definitions for several products, removed the 

exemption for personal fragrance products with 20 percent or less fragrance, prohibited

the use of three hazardous air pollutants (HAPs) in several product categories, 

established a global warming potential limit for pressurized gas dusters, and exempted

HFE 7200 from the definition of VOC. 

The new or modified VOC limits will take effect between December 2010 and 

December 2015. The limits were developed from CARB's 2003 and 2006 surveys and 

2007 update. These surveys compiled data from over 915 companies on over 26,000 

products. CARB estimates this SIP revision will achieve VOC reductions of 5.76 tons 

per day, greenhouse gas (GHG) emission reductions equivalent to approximately 0.20 

million metric tons of carbon dioxide per year, and air toxics emission reductions of 0.2 

tons per day.

CARB's May 9, 2008 Initial Statement of Reasons (ISOR) estimates that in 2010 

consumer product emissions will represent approximately 243 tons per day, or about 12 

percent of the overall VOC inventory. This equates to approximately 18 and 7 percent 

of the VOC emissions in the South Coast Air Quality Management District (SCAQMD) 

and San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD), respectively. 

CARB further estimates that without further actions, consumer product emissions are 

expected to grow to approximately 270 tons per day in 2020, representing 14 percent of 

statewide VOC emissions. The ISOR further states that: "it is estimated that emissions 

from consumer products will be the number one source of VOC emissions in the 

SCAQMD in 2020. While the ozone forming potential of consumer product emissions is 

less than some other source categories (for e.g., mobile sources), clearly, further 

reductions in VOC emissions from consumer products and other VOC sources are 

needed, if ozone attainment is to be achieved."

Since 1989, CARB has adopted three consumer products regulations covering 115 

product categories and 150 VOC limits. When fully effective, CARB estimates their 

regulations will have resulted in reducing VOC emissions from consumer products by 

approximately 200 tons per day and that without these regulations, consumer product 

emissions would likely be over 440 tons per day.

CARB estimates its regulation will impact approximately 60 businesses in California and 

240 businesses outside of California that manufacture or market consumer products for 
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sale in California. The amendments will impact approximately 2,400 complying 

products and 1,500 non-complying products in 19 product categories.

The following is a summary of CARB's amendments:

1. Re-titled the regulation to "Regulation for Reducing Emissions from Consumer 

Products" to reflect regulating both VOCs and GHG compounds.

2. Added or clarified several definitions including: floor maintenance product, personal 

fragrance product, sealant or caulking compound, and global warming potential (GWP).

3. Clarified that Pressurized Gas Dusters whose principal display panel clearly 

indicates it is for use on energized equipment only, are not covered by the regulation.

The amendments also exempted HFE 7200 from the definition of VOC.

4. Extended the compliance date for product categories where the proposed limits 

would likely require additional resources to develop complying products. This would 

include multi-purpose lubricants which has a technology forcing second tier limit.

5. Proposed a 0.05 grams of VOC per use limit for fabric softeners - single use dryer 

products.

6. Removed the exemption for personal fragrance products with 20 percent or less 

fragrance. Personal fragrance products were previously exempted from the first or 

second tier VOC limits depending on when the products were first introduced. CARB's

amendment now requires all personal fragrance products with 20 percent or less 

fragrance to meet a 75 percent VOC limit. CARB estimates over 400 products would 

need to be reformulated to meet the limit and therefore proposes an effective date of 

December 31, 2014 for this category. The regulation allows products manufactured 

before December 31, 2014 to be sold, supplied, or offered for sale until December 31, 

2017 as long as the product complies with the product date labeling requirements.

 

7. Clarified that products sold in pump spray containers must meet the specified VOC 

limit prior to any minimum recommended dilution. CARB's ISOR identified that some 

products packaged in pump spray containers appear to be marketed as “ready-to-use” 

products, but were actually designed to be diluted by the user prior to use. CARB 

believed this packaging approach may diminish anticipated VOC reductions, and 

represented a potential circumvention of the intent of the regulation.

8. Clarified that the date coding requirements also applied to products containing

certain chlorinated compounds (methylene chloride, perchloroethylene, 

trichloroethylene, and for solid air fresheners and toilet/urinal care products: paradichlorobenzene) under a "sell-through" provision (e.g., aerosol adhesives, contact 

adhesives, electronic cleaners, footwear or leather care products, general purpose 

degreasers, adhesive removers, electronic cleaners, graffiti removers, solid air 

fresheners and toilet/urinal care products, and bathroom and tile cleaners, construction, 
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panel, and floor covering adhesives, electronic cleaners labeled as energized electronic 

equipment use only, general purpose cleaners and oven cleaners.)

9. Prohibited the use of the toxic air contaminants methylene chloride, 

perchloroethylene, or trichloroethylene in the following categories: carpet/upholstery 

cleaner, fabric protectant, multi-purpose lubricant, penetrant, sealant or caulking 

compound, and spot remover.

10.Restricted the use of compounds with a GWP of 150 or greater in pressurized gas 

dusters and provided a one-year sell-through period for existing non-complying 

products. CARB's ISOR states that while only 18 of 90 products currently comply with 

the GWP limit of 150, they believe the VOC and GWP limits are commercially and 

technically feasible.

11.Clarified that sequential batch numbering on products does not satisfy the 

requirement for a product date code.

12.Required non-aerosol chemically curing, and non-chemically curing sealant or 

caulking compound products display the applicable regulatory category and VOC limit 

on the container so the products can be easily distinguished for enforcement purposes.

13.Proposed a 25 percent by weight VOC limit for multi-purpose lubricants and 

penetrants, effective December 31, 2013, and a technology forcing second tier limit of 

10 percent by December 31, 2015. Manufacturers are required to provide CARB with a 

detailed update of their research efforts to meet these limits by March 31, 2012 for the 

25% limit and March 31, 2014 for the 10% limit.

14.Clarified that CARB Test Method 310 be used to determine the GWP content of 

products.

EPA EVALUATION –

The following criteria were used to evaluate the submitted rule.

1. Enforceability – The Bluebook (Issues Relating to VOC Regulation Cutpoints, 

Deficiencies, and Deviations, EPA, May 25, 1988, revised 1/11/1990) and the Little 

Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies,

EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA 

§110(a)(2)(A) requirement for enforceability.

2. State Implementation Plans, General Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990 (57 FR 13498; April 16, 1992).

3. EPA’s National Consumer Products rule (40 C.F.R. 59 Subpart C) was used to 

evaluate CARB’s rule against the national rule.
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4. SIP Relaxation - Where previous versions of rules have been SIP approved, new 

submittals must comply with CAA §110(l) regarding SIP relaxations.

CARB’s Consumer Products regulation meets the evaluation criteria listed above. The 

regulation contains definitions, emission limits, compliance times, reporting and 

recordkeeping requirements, and test methods for compliance determination. CARB’s 

regulation also allows manufacturers an alternative compliance strategy to meet the 

VOC limits by participating in an Alternative Control Plan (ACP). EPA has not approved 

CARB's ACP into the SIP due to issues such as Executive Officer discretion, public’s 

access to emissions data2, and use of hairspray credits to reconcile emissions shortfalls.

Although the following sections were not changed, we note that CARB's Consumer 

Products regulation states that for purposes of federal enforceability, EPA is not subject 

to any approval determinations for innovative products, variances, or alternative test 

methods made by the Executive Officer. Any such approval determinations for 

innovative products/variances/alternative test methods has no effect under federal law, 

unless the Executive Officer submits the innovative product 

determination/variance/alternative test method to EPA as a source-specific SIP revision 

and EPA approves it under section 110 of the CAA. The rule requires the Executive 

Officer to submit an innovative product determination/variance/alternative test method 

to EPA as a SIP revision request, following public notice and hearing, within 180 days 

of a request from a person who has received the innovative product determination, 

variance or alternative test method approval. 

CARB’s Consumer Products regulation is more stringent than EPA’s national rule in 

several areas:

Regulates more than twice the number of consumer product categories than EPA

o EPA plans to amend its 1998 rule in the future

More stringent VOC limits

o CARB's obligation to obtain further VOC reductions from the consumer 

products category, some of which have been previously regulated 

continues to be a challenging one. For example, the Consumer Specialty 

Products Association (CSPA) commented in June 23, 2008 letter: 

"... we continue to have serious concerns that the proposed future 

second-tier technology forcing VOC limit for the Multi-purpose Lubricant 

Product Category is premised upon ARB Staff's desire to encourage 

product manufacturers to explore emerging (but yet unknown) 

technologies. Since CSPA members have no present knowledge of 

 

2

 The Clean Air Act §114(c) provides that emissions data be made available to the public. EPA has defined 

emissions data in 40 CFR 2.301(a)(2) as information necessary to determine the identity, amount, frequency, 

concentration or any other characteristics (to the extent related to air quality) of any emissions which has been 

emitted by the source or authorized to emit. For CARB's ACP, we believe this may include, not only the VOC 

concentration of the product, but also the product sales volume necessary to calculate total emissions being 

averaged between complying and non-complying product lines.
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such technology, we cannot support this proposed second-tier VOC 

limit. Yet, CSPA members are willing to initiate a good faith effort to 

work with ARB staff and commit the resources necessary to explore 

new technologies that may be capable of achieving this extremely 

challenging new VOC limit. Thus, CSPA does not oppose the Staff's 

proposed second-tier limit for this product category."

 CARB's response to comments acknowledges CSPA's concerns, 

believes the limits are feasible in the timeframes provided, and 

indicates responsible parties are required by the rule to submit 

written updates on research and development efforts to achieve the 

limits.

o CARB also received comments from the environmental community. In a 

June 25, 2008 letter, the commenters encouraged CARB to regulate 

janitorial cleaning products and offered that South Coast calculated a 

potential VOC reduction of 4.5 tpd if the VOC content of institutional and 

industrial janitorial products were reduced to 10 g/l.

 CARB's response to comments clarifies that the submitted 

comments do not comment on the proposed amendments, but that 

staff is committed to return to the Board to propose regulatory 

strategies for these products if the requirements are found to be 

commercially and technologically feasible.

o EPA’s national consumer products regulation reflects the first tier limits in 

CARB's 1992 SIP approved rule. EPA has plans to update its rule in the 

future.

3 year product sell-through period for most products. One year sell-through 

period for selected products (e.g., air fresheners and toilet/urinal care products 

and for the GWP of pressurized gas dusters). Products must be removed from 

store shelves once the sell-through period has passed.

o EPA allows an unlimited sell-through period

Compliance determined by laboratory testing or calculation 

o EPA determines compliance with the VOC limits in the national consumer 

products rule by calculation

Prohibits or limits the use of certain toxic air contaminates, ozone depleting 

substances, and greenhouse gas compounds in specified products

o EPA’s Consumer Products rulemaking authority lies in CAA §183(e) which 

covers VOCs. This section of the CAA does not grant EPA the authority to 

regulate toxic air contaminates/hazardous air pollutants, ozone depleting 

substances, or greenhouse gas compounds in consumer products.

Covers retailers 

o EPA’s rule does not cover retailers
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EPA ACTION –

The submitted Consumer Products regulation fulfills the relevant CAA §110 and part D 

requirements. EPA staff recommends approval of the submitted amendments to 

CARB’s Consumer Products Regulation consistent with CAA §110(k)(3).

ATTACHMENTS –

Only the first two documents are attached, the remaining documents are publicly 

available.

1. California Code of Regulations Title 17 Chapter 1 Subchapter 8.5 - Consumer 

Products; Article 2 – Consumer Products – as submitted on February 16, 2010.

2. California Code of Regulations Title 17 Chapter 1 Subchapter 8.5 - Consumer 

Products; Article 2 – Consumer Products – as approved on November 4, 2009.

3. National Volatile Organic Compound Emission Standards for Consumer Products, 

40 C.F.R. 59, Subpart C.

4. CARB Staff Report: Initial Statement of Reasons for Proposed Amendments to the 

California Consumer Products Regulation, May 9, 2008,

http://www.arb.ca.gov/regact/2008/cp2008/cpisor08.pdf.

5. State of California Air Resources Board Resolution 08-30, June 26, 2008, Agenda 

Item No. 08-6-5 http://www.arb.ca.gov/regact/2008/cp2008/res0830.pdf. 

6. Final Statement of Reasons for Rulemaking, Including Summary of Comments and 

Agency Responses – Considered at a Public Hearing on June 26, 2008, Agenda 

Item No. 08-6-5, http://www.arb.ca.gov/regact/2008/cp2008/fsor.pdf.

7. Proposed Amendments to the Consumer Products Regulation, Public Workshop, 

sides dated July 29, 2010. 

http://www.arb.ca.gov/consprod/regact/2010ra/pwslides072910.pdf

8. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” EPA, 

May 25, 1988, revised January 11, 2000 (the Bluebook).

http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf

9. State Implementation Plans, General Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990 (57 FR 13498; April 16, 1992).

10.“Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” EPA 

Region 9, August 21, 2001 (the Little Bluebook).

http://www.epa.gov/region9/air/sips/littlebluebook2001.pdf